Attestation committee
Accreditation committee
Expert committee
Dispositions, instructions
Normative acts
Nomenclature
Institutions
Scientific councils
Seminars
Theses
Scientific advisers
Scientists
Doctoral students
Postdoctoral students
CNAA logo

 română | русский | english

CNAA / Theses / 2015 / July /

Abuse of law,theoretical practical aspects",


Author: Tragone George
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2015
Scientific adviser: Dumitru Baltag
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova

Status

The thesis was presented on the 15 July, 2015
Approved by NCAA on the 7 October, 2015

Abstract

Adobe PDF document0.35 Mb / in romanian

Thesis

CZU 34 (043.3)T80

Adobe PDF document 1.28 Mb / in romanian
224 pages


Keywords

legal responsibility, subjective law, objective law, the exercise of the subjective rights, abuse of law, abuse of power, legal penalties

Summary

Thisis structure: The work is structured in the Introduction, four chapters, General conclusions and recommendations, Bibliography of 293 titles, 191 basic text pages. The results are published in 12 scientific works.

Field of study. This work is a scientific, theoretical practical study, on social relationships governed by the rules of objective law in exercising the subjective rights and the abuse of law in some stages of various branches of law

Purpose and objectives of thesis. The purpose of this work is the research of abusive exercise of rights, as a specific category of general theory of law that adjusts the distinguishing signs of abusive exercise of rights in most of the branches of law system, to create a clear picture of the phenomenon in doctrine and the case-law, based on the purpose, we aim to achieve the following objectives: clarify the origin and evolution of abusive exercise of rights abuse category formation, presentation of concepts, distinguishing signs and forms of abusive exercise of rights, the examination of abusive exercise of rights in the public and private law.

The novelty and scientific originalitycomes from the of definition of abusive exercise of rights as a general category of the general theory of law, presentation of a new classification of the forms of abusive exercise of rights, analysis, and theoretical and practical identification of abusive exercise of rights within the branches of public and private law.

The important, scientific issue that has been settled is the processing of instrumentation for the identification and scientific establishment of abusive exercise of rights category, from the point of view of general theory of law, which in fact led to clarification for ideologists and practitioners of the distinctive signs with a view to the impact of the abusive exercise of rights on the exercise of subjective rights.

Theoretical significance and applicative valuelies in the fact that this paper brings a new approach to the substance of abusive exercise of rights category as a phenomenon of legal reality, forms a general theoretical prescription of abusive exercise of rights. The approaches presented in the present work allow research of abusive exercise of rights as an inter- branch phenomenon and it's examination through the general theory of law. The applicative value of research consists in the possibility of applying the results in the activity of rights protective organs, legislative creation organs in order to improve existing legislation, forms and methods of fighting against the abusive exercise of rights. Research materials can also be used as a basis for further theoretical research of abusive exercise of rights within a general theory of law and branch legal sciences, but they can also be used to teach these disciplines within the law university.

Implementation of the results obtained. Suggestions drawn up within the framework of research, the conclusions and recommendations are used both in the process of drawing up the analytical programs, as well as in the process of teaching of courses of general theory of law, civil law, criminal law, labor law and more in the ULIM, as well as within the framework of everyday tasks of justice courts in proper qualification of abusive exercise of rights.